State v. Woodrum (Signed Opinion)
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The Supreme Court reversed in part and affirmed in part the decision of the circuit court denying Petitioner's motion for a new trial, holding that the circuit court's jury instruction on the crime of kidnapping was incomplete.
A jury found Petitioner guilty of kidnapping, malicious assault, commission of an assault during the commission of a felony, and domestic battery. Petitioner moved for a new trial, arguing that the circuit court incorrectly instructed the jury on kidnapping because the court erroneously omitted from its instruction that "transport" is an element of kidnapping under W. Va. Code 61-14a-2(a)(2). The circuit court denied the motion. The Supreme Court reversed the circuit court's order denying Petitioner's motion for a new trial on kidnapping and commission of an assault during the commission of a felony and remanded the case for entry of an order granting a new trial to Petitioner, holding that the circuit court's instruction on kidnapping was fundamental error.
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